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Programmable Search Engine Terms of Service

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Programmable Search Engine Terms of Service

Getting started with Programmable Search Engine
Programmable Search Engine Terms of Service
Welcome to Programmable Search Engine! By using Programmable Search Engine (the "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use") with Google Inc., and its subsidiaries or affiliated companies ("Google").

1. Service.

1.1 Description of Service. Programmable Search Engine assists You in providing customized Web search services on the Site (defined below) by utilizing the Google search engine. For purposes of the Terms of Use, "Site" shall mean the Web site or sites on which You place JavaScript or similar programming ("Code") which renders the Google search box (or other means used by users of the Site ("End Users") to enter a search query ("Query")) on the Site ("Search Box"). All Queries sent from the Site to Google shall comply with the technical specifications that Google may provide from time to time, and and must originate from the Site. Google will receive Queries from You at Google's network interface, process the Queries using Google's search engine and display search results ("Results") on a Results Page. For purposes of the Terms of Use, "Results Page" is defined as the Google hosted or controlled Web page that contains and displays to an End User the Results from the Service.

The Results displayed by the Service will be determined by some or all of the following: (a) the web sites over which the search is to be restricted or filtered, as provided by you in the Service; (b) labels created by You; or (c) other Service features that Google may make available from time to time as described in the Service documentation, which can be found at http://www.google.com/support/customsearch/bin/answer.py?answer=1714300 or other URL that Google may make available from time to time at its sole discretion.

Unless explicitly stated otherwise, the Service may be modified or terminated at any time by Google for any reason, and without notice, without liability to You, any End User or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Use.

1.2 Modifications. Google may modify the Terms of Use at any time with or without notice, and you can review the most current version of the Terms of Use online at any time at Terms of Use. If a modification is unacceptable to You, You may cancel the Service on the Site and terminate the Terms of Use by removing the Code and the Search Box from Your Site. If You continue to use the Code and/or the Search Box on any Site, You will be deemed to have accepted the modifications.

1.3 Your Obligations. You shall receive a Query from the End User and shall forward that Query to Google. You may not in any way frame, cache or modify the Results produced by Google, except as otherwise agreed to between You and Google. Google will not be responsible for receiving Queries from End Users or for transmission of data between You and Google's network interface. You shall be responsible for providing all hardware and software required to perform Your obligations under the Terms of Use, including but not limited to the following: (a) implementing and maintaining the Site, (b) implementing and maintaining the interface between the Site and the Service, and (c) receiving a Query from an End User and transmitting the Query to Google.

1.4 Appropriate Conduct. You shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of commingling Results with non-Google provided search results or advertising; (b) frame any Results or Results Page except as provided for in the Service documentation; (c) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any Results to any third parties other than End Users; (e) minimize, remove or otherwise inhibit the full and complete display of any Results Page (including any Results); (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any Web site or other means other than the Site, and then only to the extent expressly permitted herein; (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to Results, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays You fees for the usage of the Service, You pay any third party feesfor the usage of the Service, or either shares in any revenue payments and/or royalties for any Results; (i) directly or indirectly generate queries, or impressions of or clicks on Results, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Service or any other Google technology, software, materials and documentation; (l) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from the Service (including, but not limited to, Results, or any part, copy or derivative thereof); (m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google's reputation or goodwill. Further, the Site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, Service policies, or any third party rights.

1.5 Non-Exclusivity. During the Term, if You provide non-Google search services on any Site, You will ensure that such non-Google search services cannot reasonably be confused with or mistaken for those provided by Google. You further understand that Google will provide the Service to You on a nonexclusive basis, and that Google will continue to customize and provide its services to other parties for use in connection with a variety of applications, including search engine applications.

1.6 Advertising. The Results Page or associated elements provided by Google through the Service may contain advertising, which You agree to display. The Service is compatible with, and You may apply for, the Google Adsense program (www.google.com/adsense), subject to the Adsense Terms and Conditions.

2. Proprietary Rights.

2.1 Google Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Google, You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service (including Google's search engine technology and Google Brand Features, and excluding items licensed by Google from third parties), and that You shall not acquire any right, title, or interest in or to the Service (including Google's search engine technology and Google Brand Features), except as expressly set forth in the Terms of Use. AdWords, AdSense, GOOGLE, the "Google" logo, and other marks that incorporate the word GOOGLE and PAGERANK, are trademarks of Google.

2.2 Brand Feature License. For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Google hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Google's Brand Features for the purpose of promoting or advertising that You use the Service and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Google a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service. Any use of the Google Brand Features is subject to the Google Brand Features Guidelines, currently available at here. Google may modify the Google Brand Features or the Google Brand Features Guidelines from time to time and Google will post such notice on the Google Web site. You agree that Your respective products and/or services that are associated with Google's Brand Features shall meet the same general level of quality as is provided by Google in connection with Google's own Brand Features. Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.

2.3 Attribution. The Search Box shall conspicuously display a graphic that indicates that the Service is provided by Google. Google’s branding guidelines at here provide a set of graphic options available. The graphic shall link to the Google site located at http://www.google.com or such other address as Google may designate from time to time during the Term.

2.4 Digital Millennium Copyright Act. It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.google.com/dmca.html.

Use of Your Brand Features in Google Materials. To the extent applicable, Google may include Your Brand Features in presentations, marketing materials, and customer lists (which includes, without limitation, customer lists posted on Google's websites and screen shots of the Services). Upon Your request, Google will furnish You with a sample of such usage. Without Google's prior approval, You shall not issue a press release, or any public announcement involving Google Brand Features, concerning Your participation in the Service pursuant to this Agreement.

Metadata Content. For purposes of this section, the following capitalized terms will have the meanings set forth below.

“Google Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Google. For these purposes, “control” includes control over greater than fifty percent (50%) of the voting rights or equity interests of Google.

“Google End Users” means end users who access or use the Google Services.

“Google Services” means Google’s products and services that are accessible through and otherwise provided by various computer and electronic technologies, networks (syndicated and otherwise) and systems, including, without limitation, Internet-based services and products accessible through the Google Sites and any Google syndication partner sites.

“Google Site” means any website located at a domain owned by Google or a Google Affiliate, including all subdomains and directories thereof, and all successor sites thereto.

“Metadata Content” means (a) the metadata provided by Customer to Google pursuant to Customer’s use of Programmable Search Engine, including, but not limited to, labels, attributes and Customer’s submitted associations between labels, attributes and URLs, (b) any text, data, images, and other content provided and/or authored by Customer in connection with Customer’s information to be displayed to End Users, and (c) any Nickname(s) chosen by Customer, and (d) if Customer elects to so participate, any ratings, reviews and comments provided by Customer to Google pursuant to Programmable Search Engine; and any Updates thereto provided to Google by Customer.

“Nickname(s)” means the name that Customer may select by which Customer and Customer’s Metadata Content shall be identified to End Users; and Updates thereto.

“Updates” means updates, refreshes, corrections and/or other modifications.

Subject to the terms and conditions of this Agreement, Customer hereby grants to Google a irrevocable, perpetual, nonexclusive, worldwide and royalty-free right and license to (i) use, copy, modify, distribute, create derivative works based on and display (publicly or otherwise) the Metadata Content through the Google Services, and (ii) allow Google End Users to access and use the Metadata Content through the Google Services. Google may use consultants and other contractors in connection with the performance of its obligations and exercise of its rights under this section, provided that such consultants and contractors will be subject to the same obligations as Google. The license granted hereunder may not be sublicensed by Google, except to Google Affiliates, its syndication partners or the syndication partners of any Google Affiliate and Google End Users in connection with their use of the Google Services.

 

Except for the license granted under this section, Customer retains any right, title and interest in and to the Metadata Content. In addition, Customer retains all rights to all other content authored or owned by Customer, to the extent not otherwise licensed or transferred to Google pursuant to other agreements, to which such Metadata Content is attached or associated and used in connection with Programmable Search Engine.

 

Notwithstanding anything to the contrary, Customer understands and agrees that nothing in this Agreement will prevent or restrict Google from using data Google obtains from a source other than Customer under this section. Customer acknowledges and agrees that it will not have any right, title or interest in any information, content, or data used by Google in conjunction or association with the Metadata Content, and Customer shall not make any claim of ownership or interest in any such information, content, or data. Google and/or its licensors retain all right, title and interest in and to the Google Services, the Google Sites and all content or data forming part of or displayed as part of or through the Google Services or Google Sites, other than the Metadata Content.

 

Customer shall be responsible for accepting and responding to any communication, modification or removal requests initiated by a party that is listed in or otherwise has rights in the Metadata Content where such communication arises out of having its information on the Google Services and pertains to the Metadata Content.

 

The rights granted to Google herein include the right to display portions of the Metadata Content on Google Services, Google Sites, Google syndication partner sites and Google Affiliate syndication partner sites, and display any links to web page(s) on which such portions of the Metadata Content reside, all as determined by Google in its sole discretion; provided that, notwithstanding anything to the contrary, nothing in this section obligates Google to make available to Google End Users any or all of the Metadata Content. Google will have the sole right to determine the placement and location of the selected Metadata Content through the Google Services. For the sake of clarity, each party retains sole discretion with respect to the look-and-feel, display and operation of its respective services and websites.

3. Information Rights and Privacy. Google and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy (located at http://www.google.com/privacy.html, or such other URL as Google may provide from time to time), information collected in Your use of the Service. You understand and agree that Google may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Google, its affiliates or the public. Personal information collected by Google may be stored and processed in the United States or any other country in which Google or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. You understand and agree that you will update your site's privacy policies to reflect that you use Google services and to include a link to http://www.google.com/privacy.html. Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using the Service, You agree that Google can use such data in accordance with Google's privacy policy. By using the Service, You also agree to the EU User Consent policy. 

4. Warranties and Disclaimer.

4.1 Google Disclaimer of Warranties. GOOGLE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GOOGLE DOES NOT WARRANT THAT THE GOOGLE SERVICE AND BRAND FEATURES WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. GOOGLE MAKES NO WARRANTY THAT PROGRAMMABLE SEARCH ENGINE WILL INCLUDE ALL DOMAINS SPECIFIED BY YOU. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

4.2 Your Warranties. You warrant that: (1) all information provided by You to Google in connection with the Service is true and accurate; (2) You have full power and authority to enter into the Terms of Use; (3) Your Brand Features, Content (defined as all editorial, text, graphic, audiovisual, and other content that is served to End Users of the Site and that is not provided by Google), or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (4) You will seek all necessary governmental approvals required to effectuate the Terms of Use; and (5) You shall perform all of Your obligations under the Terms of Use in accordance with applicable laws.

5. Indemnification. You will indemnify, defend, and hold Google harmless from any third party lawsuit or proceeding brought against Google based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against Google based upon a claim that the Content, Site, or Your Brand Features or Metadata infringe any copyright, trade secret or trademark of the third party or defame the third party. Your indemnification will include (1) all attorneys' fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You. Google shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without Google's prior consent, which shall not be unreasonably withheld.

6. Limitation of Liability. GOOGLE SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE GOOGLE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF GOOGLE WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THE SERVICE ARE PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

7. Term and Termination.

7.1 Term. The term of the Terms of Use (the "Term") shall commence on the date upon which You add Code to Your Site and shall continue in force thereafter, unless terminated as provided herein.

7.2 Termination. Google may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate Your use of the Service at any time. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Google or otherwise disparages or devalues the Google Brand Features or Google's reputation or goodwill. If You desire to terminate the Terms of Use, You must immediately stop your use of the Service.

7.3 Rejection of Application. Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Google. Google shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

7.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately stop your use of the Service and delete any and all Google Brand Features from the Site.

7.5 Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7.4, 7.5, 7.6, and 8 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

7.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Google, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

8. Miscellaneous. Each party will comply with all laws, rules and regulations, if any, applicable to it in connection with the performance of its obligations under the Agreement. All notices will be in English and in writing and (a) if sent to You: to the address You may have previously indicated and (b) if sent to Google to: Google Inc., Attn: Legal Department, 1600 Amphitheatre Parkway, Mountain View, CA 94043. Notice will be deemed given (i) upon receipt when delivered personally, (ii) upon written verification of receipt from overnight courier, (iii) upon verification of receipt of registered or certified mail or (iv) upon verification of receipt via facsimile, provided that such notice is also sent simultaneously via first class mail. You will not assign or otherwise transfer Your rights or delegate Your obligations under the Terms of Use, in whole or in part, without the prior written consent of Google; and any attempt to do so will be null and void. Any assignment or other transfer of rights or delegation by You shall not operate to relieve You of Your responsibilities under this Terms of Use. You will require Your assignees, transferees, or delegates to agree, in writing, to the terms and conditions of this Terms of Use. This Terms of Use and any claim or dispute of whatever nature arising out of or relating to this Terms of Use will be governed by and construed in accordance with the laws of the State of California and applicable federal U.S laws, without giving effect to any choice of law principles that would require the application of the laws of a different state. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Use the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The Terms of Use supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof. Any amendments or modifications to the Terms of Use must (i) be in writing; (ii) refer to the Terms of Use; and (iii) be executed by an authorized representative of each party. The failure to require performance of any provision will not affect a party's right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself. If any provision is adjudged by a court of competent jurisdiction to be unenforceable, invalid or otherwise contrary to law, such provision will be interpreted so as to best accomplish its intended objectives and the remaining provisions will remain in full force and effect. The parties hereto are and will remain independent contractors and nothing herein will be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party. Neither party will be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The Terms of Use is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party. The Terms of Use will be binding on and inure to the benefit of each of the parties and their respective successors and assigns. THE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THE TERMS OF USE SUPERSEDE, AND THE TERMS OF THE TERMS OF USE GOVERN, ANY OTHER PRIOR OR COLLATERAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

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PRIVACY POLICY AND COOKIES
Last Updated: January 21, 2025

This web page (the "Website") was generated by the domain owner using the Bodis Domain Platform owned by Bodis, LLC ("we", "us", or "our").

Disclaimer: We have no relationship with any advertisers, advertisements, or third-party content that may be displayed on the Website. Reference to any specific service or brand is not controlled by us and does not constitute or imply any association, endorsement, or recommendation.

This Privacy Policy describes our practices with respect to the collection, manipulation, disclosure, and other uses of personal information. This Privacy Policy applies to information collected by us through the Website but does not apply to information collected by any person or entity other than us, even if related to the Website (such as by our third-party service providers or advertisers). We will not be responsible or liable for the personal data privacy practices of third parties.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS OF USE ("TERMS") WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR TERMS, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION COLLECTED, USED, OR DISCLOSED IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN OUR TERMS, INCLUDING THIS PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE THE WEBSITE (IN WHOLE OR IN PART).

Changes to this Privacy Policy: This Privacy Policy may change from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. Amendments will take effect immediately on our posting of the updated Privacy Policy. Your continued access or use of the Website after receiving the notice of changes means you accept the updated Privacy Policy, so please check this policy periodically for updates.

What Information We Collect and How We Collect It
We receive and collect several types of information about you, such as the information described below.

Information you provide to us: From time to time, you may provide us with certain personal information such as your name and email address.

Information we collect automatically: As you navigate through and interact with the Website, we and third parties acting on our behalf may use automatic data collection technologies to collect certain information.

Information we receive from third parties: We may obtain information about you from sources other than you (such as our business partners). Any content or information submitted by you to third parties will be used and disclosed by such third parties in accordance with their respective privacy policies. You should review the privacy policies and practices of such third parties prior to disclosing information to them.

Our Collection Practices with Respect to Certain Specific Information:

Device Information. When you access or use the Website through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of the Website, such as date and time.

Communications with Us. We may collect information about your communications with us, including relating to support questions, your requests, and other inquiries.

Cookies and Other Automatic Tracking Technologies
Description of the Technologies Utilized on the Website: We may use various technologies to collect and store information when you access or use the Website, including sending cookies, embedded scripts, web beacons, pixel tags or other anonymous identifiers to your device, or otherwise tracking your activities on the Website over time. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (a practice known as "behavioral tracking"). The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). For example, we may tie this information to personal information about you that we collect from other sources or that you provide to us. If this happens, we will treat the combined information as personally identifiable information.

Cookies: The Website uses cookies, which are small text files that, within the scope of your visit to the Website, are transmitted to your browser and are stored by your browser on your computer for later retrieval. You yourself can determine, through settings in your browser, the extent to which cookies can be placed and retrieved. If you deactivate your setting of cookies in the Internet browser used, not all functions of the Website may be entirely usable. Cookies are used to make the Website more user-friendly (known as "Necessary Cookies"). Without the use of these cookies, the number of unique users on the Website cannot be determined. Cookies also provide you with certain functions on the Website. In addition, cookies are also used for the website presence, which, for example, allows surfing behavior to be analyzed.

Third-party content, features or application providers may collect information: Some content (including advertisements), applications, or features on the Website may be served by third parties, including our third-party service providers, content providers, advertisers, ad networks and servers, and other application providers. These third parties may collect information about you when you use the Website using cookies alone or in conjunction with web beacons or other tracking technologies. Please note that the information collected by these third parties may be associated with your personal information and that these third parties may collect information, including your personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We may use third-party service providers to monitor and analyze the use of the Website. For example, we may use Google Analytics as one of our analytics service providers that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page. To learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

We may use third-party service providers, such as Google, to display advertising content on the Website. When you visit the Website, a request is sent to Google and Google processes the domain name and the IP address of the Website visitor to dynamically return the advertising content of the Website. Google sets a cookie. The display of the advertising content is the primary purpose of the Website, and the setting of the cookie is technically necessary to provide the advertising content of the Website. The advertising content is not personalized, and no profile of the Website visitor is generated. You can prevent the setting of cookies by Google by setting your browser accordingly, in particular by suppressing cookies from third-party providers, and thus prevent cookies from being set. See here for further information: https://www.google.com/policies/privacy/partners/.

Choices as to Cookies and Other Automatic Tracking Technologies: It may be possible to disable some (but not all) cookies or automatic data collection technologies through your device or browser settings, but doing so may affect the functionality of all or a portion of the Website. The method for disabling cookies or other automatic collection technologies may vary by device and browser but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking.

Conversion Tracking Pixel: Pixels from the following providers may be used for conversion measurement:

Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook");

Taboola Inc., 16 Madison Square West, 7th fl., New York 10010, USA ("Taboola");

Outbrain UK Limited, 5 New Bridge Street, London, EC4V 6JA, UK ("Outbrain");

Twitter, Inc., 1355 Market Street, Suite 90, San Francisco, CA 94103, USA ("Twitter");

Snap Inc., 63 market Street, Venice, CA 90291, USA ("Snapchat");

TikTok Inc., 10100 Venice Blvd., Culver City, CA 90232, USA ("TikTok");

Pinterest Europe Ltd., Palmerston House 2nd Floor, Fenian Street, Dublin 2, Ireland ("Pinterest");
(hereinafter each referred to as the "Provider", or collectively the "Providers").

By setting the conversion tracking pixel, the behavior of users can be tracked after they have been redirected to the target page by clicking on an advertisement. This procedure is used to evaluate the effectiveness of the Provider advertisements for statistical and market research purposes and can help to optimize future advertising measures.

The data collected does not allow us to draw any conclusions about the identity of users. However, the data is stored and processed by the respective Provider so that a connection to the respective user profile is possible and the respective Provider can use the data for its own advertising purposes in accordance with its own data protection guidelines. This allows the Provider to enable advertisements to be placed on their website and outside their website. This use of the data cannot be influenced by us as a website operator.

You will find further information on the protection of your privacy as well as the possibility of revoking your consent in the privacy policies of the respective Providers:

https://www.facebook.com/about/privacy/

https://www.taboola.com/privacy-policy

https://www.outbrain.com/legal/privacy

https://twitter.com/en/privacy

https://www.snap.com/en-US/privacy/privacy-policy

https://www.tiktok.com/legal/privacy-policy?lang=us

https://policy.pinterest.com/en/privacy-policy

How We Use Your Information
We may use the information we collect for various lawful business purposes. Among others, these purposes may include using this information, including your personal information, to:

Present and provide the Website, and related content to you. For example, to provide the Website, including its features and content (including advertisements) to you and/or other users.

Contact you and provide you with information. For example, if you use the "contact us" form or functionality on the Website, we might contact you via e-mail or other communications to provide you with information or to respond to comments, inquiries, and other information submitted by you.

Analyze, improve, and manage the Website and operations. For example, we might use your personal information to: (i) understand and anticipate your needs and preferences, (ii) better understand your use of the Website, (iii) customize and tailor website content and advertising, (iv) improve our marketing and promotional efforts, (v) engage in statistical analysis and market research, and (vi) provide feedback or information to our business partners, vendors, advertisers and other third parties. We may also use the information and data we collect (including your personal information) to improve and enhance the Website (in whole or in part) and for other development, diagnostic and corrective purposes in connection with the Website.

Resolve problems and disputes and engage in other legal and security matters. For example, we may use the information we collect to comply with, monitor compliance with and enforce this Privacy Policy, our Terms (including any terms and conditions incorporated or referenced in our Terms) and any other applicable agreements and policies, meet other legal and regulatory requirements, and protect the security and integrity of the Website. We might also use your personal information to authenticate activity, detect, investigate, and to prevent malicious conduct or unsafe experiences or address security threats, or protect public safety. We might also use information that we collect to investigate any complaint you make regarding the Website, content, or other related matters, to provide evidence in any dispute or anticipated dispute between you and us, or to prevent fraud or other criminal or otherwise inappropriate activities.

To fulfill any other purpose for which you provide it. For example, if you share your name and contact information to ask a question about our company, we will use that personal information to respond to your inquiry.

Comply with a request from you in connection with the exercise of your rights. For example, if you send us a privacy request, we will use your personal information to review your request and respond to your request.

Other Purposes. We may also use your personal information in other ways. To the extent required by applicable law, we will provide notice at the time of collection and obtain your consent.

How We Disclose Your Information
General Disclosure of Your Information: We may disclose or share the information we collect, including your personal information:

to our third-party service providers, vendors, partners, or suppliers so that they may provide support for our internal and business operations, including for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials and Website speed, maintenance and security. For example, we use:

Google Analytics so that they can help us understand how our customers use the Website -- you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Content Delivery Network ("CDN") services (such as Cloudflare, Inc.) to increase the security and delivery speed of the Website. With the CDN, content from the Website such as images, fonts, stylesheets, and scripts are delivered to you faster via a network of servers. For this purpose, personal data, including your IP address, may be processed by the provider of the CDN. Further information can be found in Cloudflare's privacy policy here: https://www.cloudflare.com/privacypolicy/.

Services provided by Google to display advertising content on the Website. You can review Google's privacy policy regarding advertising here: https://policies.google.com/technologies/ads. That page also provides information on how to manage what information is collected and how to opt out of collection.

to our affiliates and their respective employees, agents and representatives involved in delivering the Website to you;

to fulfill the purpose for which you provide it;

to third parties when you engage in certain activities through the Website;

to any person who, in our reasonable judgment, is authorized to receive your personal information as your agent, including as a result of your business dealings with that person (for example, your attorney);

as required by applicable law or ordered by a court, regulatory or administrative agency;

as we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule, restriction or regulation, or are otherwise interfering with another's rights or property, including our rights or property;

if requested by authorities in the event of any act or instance of local, regional or national emergency;

to enforce our Terms, including this Privacy Policy, and any other applicable agreements and policies;

with your consent;

to otherwise enforce or protect our rights; and

in connection with a Business Transfer (as defined below).

Please note that the list above is not exhaustive and that we may, to the extent permitted by applicable law, disclose the information we collect to third parties at any time, for any lawful purpose, without notice or compensation to you.

When we disclose the information we collect to third parties, such information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of such information. Furthermore, these third parties may further disclose, share and use this information. By submitting information (including your personal information) to us, you expressly consent to such disclosure and use of such information. If you do not want this information (including your personal information) shared as described above, then you should not provide us with such information.

Other Disclosures by Us:

Aggregation and De-Personalization. We may use and disclose any de-identified information for any lawful purpose, including for any commercial purpose. De-identified Information means information that does not identify you, including any identifiable information de-identified by either combining it with information about others, for example, by aggregating your personal information with information about other persons, or by removing characteristics, such as your name, that make the information personally identifiable to you.

Business Transfers. We may disclose, lease, sell, assign, or transfer the information we collect (including your personal information) to third parties in connection with a Business Transfer. A "Business Transfer" means a sale, acquisition, merger, consolidation, reorganization, bankruptcy, or other corporate change involving us, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part of or our whole business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, or assets (including the Website) to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.

Circumvention of Security Measures: We use certain technical, administrative, and organizational security measures to keep your personal information safe. However, despite our efforts, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of your personal information, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, to the extent permitted by law, we are not responsible for circumvention of any privacy settings or security measures of the Website. Therefore, you use the Website at your own risk, you should not expect that your personal information will always remain private, and we do not guarantee the performance or adequacy of our security measures. In the event that an unauthorized third party compromises our security measures, to the extent permitted by law, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party's ability to view, use or disseminate your personal information.

Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding our collection, use and disclosure of the information that we collect (including your personal information). Below are some mechanisms that provide you with control over such collection, use or disclosure:

Cookies and Other Tracking Technologies. It may be possible to disable some (but not all) cookies or automatic data collection technologies through your device or browser settings, but doing so may affect the functionality of the Website. The method for disabling cookies or other automatic collection technologies may vary by device and browser, but can usually be found in preferences or security settings. You can exercise your preferences in relation to cookies served on the Website by taking the steps outlined below.

First-Party Cookies. You can use the browser with which you are viewing the Website to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Website. Also, if you disable certain cookies, other parts of the Website may not work properly. You can find more information about how to change your browser cookie settings at allaboutcookies.org.

Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to aboutads.info/choices .

We do not control third-parties' collection or use of your personal information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your personal information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

Google Chrome
Safari (Desktop)
Internet Explorer
Android Browser
Mozilla Firefox
Opera

Online Behavioral Advertising; Targeted Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative ("NAI"). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI's directions. Note, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice. Additional options for opting out of target advertising include, without limitation:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

TWITTER - https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Digital Advertising Alliance - http://optout.aboutads.info/

Information that You Disclose to Third Parties
The Website may contain links or access to websites, content, or platforms operated by third parties that are beyond our control. Links or access to third parties from the Website is not an endorsement by us of such third parties, or their respective websites, applications, content, products, platforms, or practices. We are not responsible for the privacy policies, terms and conditions, practices, or the content of such third parties. All information that you disclose to such third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your personal information, you should review their policies and contact them directly.

Operation of the Website in the United States
The Website is operated in the United States of America ("U.S."). As a result, the information we collect (including your personal information) will be used and disclosed as described in this Privacy Policy in the U.S., as well as in other countries if you access the Website outside of the U.S. In some cases, the laws of countries other than the U.S. regarding our use and disclosure of your personal information may be less stringent than the laws of the U.S.

Changes to Our Privacy Policy
We may amend this Privacy Policy at any time and from time to time. Amendments will take effect immediately upon us posting the updated Privacy Policy on the Website. Accordingly, you are encouraged to revisit this Privacy Policy from time to time in order to review any changes that we have made. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy.

Contacting Us
If you have any questions, suggestions or complaints regarding our use or disclosure of the information we collect from you or wish to contact us to make a request regarding such information (including your personal information), please contact us at https://www.bodis.com/contact.

In contacting us, you must include the reference to "Privacy Request" in the subject line and in the body of the message and include the email address or mailing address, as applicable, for us to send our response. We reserve the right not to respond to inquiries submitted other than at the contact page specified above.

Your State Privacy Rights
This section supplements the information contained in this Privacy Policy and is relevant only to residents of certain U.S. states that have their own data privacy laws and regulations. Please note that the state specific rights set out below apply only to Website users who reside in the applicable state jurisdiction AND if we, as an organization, meet the jurisdictional threshold(s) in the applicable state jurisdiction.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

Confirm whether we process their personal information.

Access and delete certain personal information.

Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).

Data portability.

Opt-out of personal data processing for:

targeted advertising (excluding Iowa);

sales; or

profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).

Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please contact us at https://www.bodis.com/contact. To appeal a decision regarding a consumer rights request please contact us at https://www.bodis.com/contact or mail us a letter to Bodis, LLC 4830 W Kennedy Blvd, Suite 600, Tampa, FL 33609. We will verify your request using your personal information, including your email address. Government identification may be required. You can also designate an authorized agent to exercise these rights on your behalf. Authorized agents must submit proof of authorization.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request here: https://www.bodis.com/contact.

Privacy Notice for California Residents

This section supplements the information contained in this Privacy Policy, but applies solely to all visitors, users, and others who reside in the State of California (for purposes of this section only, "consumers" or "you"). We have adopted this section to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the "CCPA").

We collect your personal information as described in the What Information We Collect and How We Collect It section of this Privacy Policy.

We obtain the categories of your personal information directly and/or indirectly from you, as described in the What Information We Collect and How We Collect It section of this Privacy Policy.

We use your personal information as set forth in the How We Use Your Information section of this Privacy Policy.

We disclose your personal information as set forth in the How We Disclose Your Information section of this Privacy Policy.

We do not knowingly sell or share any personal data of minors under the age of 16. We do not collect or process "sensitive personal information", as defined by the CCPA, to infer characteristics about you. We do not sell personal information to third parties in exchange for money.

Additional Restriction on Our Use of Your Information: We will not use your personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Additional Detail on Our Disclosure of Your Information: When we disclose personal information for a business purpose, we do so pursuant to an agreement that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the agreement.

Your Additional Rights and Choices under the CCPA

The CCPA provides California residents (consumers) with specific rights regarding their personal information.

Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.

The categories of sources for the personal information we collected about you.

Our business or commercial purpose for collecting or selling that personal information.

The categories of third parties with whom we share that personal information.

The specific pieces of personal information we collected about you (also called a data portability request).

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete or deidentify (and direct our service providers to take similar action) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided.

Exercising Your Access, Data Portability, and Deletion Rights:

How to Exercise. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

Web: https://www.bodis.com/contact

Mailing Address: Bodis, LLC 4830 W Kennedy Blvd, Suite 600, Tampa, FL 33609

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

General Requirements. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. It must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format. We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at: https://www.bodis.com/contact. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination:

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights:

California's "Shine the Light" law permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a message to https://www.bodis.com/contact or write us at:

Attn: Privacy Request

Mailing Address: Bodis, LLC 4830 W Kennedy Blvd, Suite 600, Tampa, FL 33609

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